Professional Liability

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Importance of Professional Liability and Malpractice Insurance

Contrary to popular belief you don't have to cause severe injury to a patient to face a serious law suit as a consequence of your actions or failure to act. As "little" not following standards of care (omission), as "little" as failing to recognize a need for help (indifference), or as "little" as failing to return a phone call (abandonment) can be reason enough to be held liable in court should any damages occur as a result.

Even though medical assistants are employees who work under the supervision of the physician, or other licensed healthcare practitioner, such as a nurse practitioner or physician's assistant, and the physician/healthcare practitioner is responsible for the employee's actions, it does NOT exonerate them from the risk of direct and individual liability.

It's Not True That Medical Assistants Will Not Be Sued

Each healthcare provider, licensed practitioner and allied health professional, including the medical assistant is responsible for his or her own negligent acts, since malpractice is defined as "the negligent act of a person with specialized training and education."

Medical malpractice is a very serious offense because of the breach of trust in the patient/doctor relationship and its severe consequences to the victim's life. Doctors, nurses, paramedical, and allied healthcare professionals are expected to do everything they can to restore health and promote healing, not to cause harm!

Unfortunately, mistakes, oversights, accidents, slips, mix-ups, errors, or irresponsible acts do happen. They usually occur when least expected and some of these unfortunate events may cause harm to the patient! When serious "slip-ups" happen, they have profound effects on people's lives. Malpractice events place unexpected hardship on families who suddenly find themselves overwhelmed with emotional and financial burdens. Some consequences of a mistake my be temporary, but some victims may be permanently affected by their injuries.

Some may have long-term medical expenses, some may never be able to return to their jobs; yet others may not survive. Nothing is more difficult and painful than losing a loved one, and when the death resulted from someone else's negligence the family's devastation over the loss is doubled. As more patients, their friends and malpractice lawyers become aware of the role of the medical assistant, they also see a potential malpractice target if they believe they have received a poor standard of care. Injured patients, either on their own, or encouraged by family members, friends, or their attorneys, wind up taking their cases to the courts.

The Law on Tort and Negligence

Tort or negligence law imposes a minimum level of due care on all persons in their interactions with others, including people who choose to volunteer. Negligence is generally considered failure to act with the prudence that a reasonable person would exercise under the same circumstances.

Respondeat superior is a legal term that stands for "let the master answer". It is a long established doctrine that applies when a master acts through the servant to accomplish the master's task. What this is referring to is the fact that, under specific circumstances, an employer (or master) is legally liable for the actions of his or her employees (servants) while in the course of their employment. The actions of the servant are imputed to the master.

Example: If the servant is the medical assistant, and he/she acts negligently carrying out his/her in the medical office, he/she is directly responsible for the negligence, while the master, who would be the doctor, is vicariously liable for the servant's actions. Read: What Is a Strong Malpractice Case?

Requirements For A Successful Suit In Negligence

Negligence in a medical office is a failure in a doctor's, nurse's, paramedical and other allied healthcare professional's duty to patients and it implies a standard of conduct!

Duty requiring a person to conform to a standard of conduct that protects others from unreasonable risk of harm

Breach of that duty (i.e. the person's failure to conform to the standard of conduct)

Causal connection between the breach of the duty and the resulting injury

Resulting injury or damage which results in measurable physical, emotional or economic harm.

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